Takata Airbag Recall

Update: September 11, 2019

We are pleased to announce that the national Takata Airbag class action lawsuit relating to certain Honda vehicles, including Goldwing Motorcycles and Acura vehicles, is settled, subject to Court approvals.

The Settlement Approval Hearings are scheduled to be heard: (a) in Ontario on December 22, 2020 and (b) in Quebec when dates become available.

Please click here to see the “Long- Form Notice” for a listing of Subject Vehicles and details on the Settlement Benefits and next steps.

Settlement Summary:

If the Settlement Agreement is approved at these hearings, current and former owners and lessees of Subject Vehicles will be eligible for the following benefits: (for a list of Subject Vehicles click here)

– Reimbursement for certain out-of-pocket expenses incurred related to a Takata airbag recall repair;

– An Outreach Program to maximize completion of the recall remedy;

– A Customer Support Program to help with repairs associated with Takata airbag inflators and their replacements; and/or

– An Automotive Recycler Program for proper destruction of Takata PSAN Inflators.

To view a copy of the Settlement Agreement, click here.

Next Steps and Options:

1. Participate/Make a Claim

If you wish to be included as a Class Member, you do not need to do anything at this time. If the Settlement is approved, and you are claiming for certain out-of-pocket expenses. you will need to complete a Claim Form which will be available here, www.hondaairbagsettlement.ca. If the Settlement is approved and you do not have any out-of-pocket expenses to claim for, you may still be eligible for the other benefits under the Settlement Agreement.

To obtain a complete copy of the Settlement Agreement, a Claim Form or other documents, visit www.hondaairbagsettlement.ca. You may submit a Claim Form online.

2. Object

If you want to remain in the class action, but want your Objections regarding the Settlement known to the Courts for their consideration at the approval hearings, you must submit your Objection by October 21, 2020.

Please see the Long Form Notice here for details on what your Objection must contain and where you can send it.

3. “Opt-Out”

If you do not want to be part of the class action or participate in the Settlement, if it is approved, you must complete the Opt-Out Form found here and send it to the Honda Administrator. Your Opt-Out Form must be postmarked no later than the Opt-Out Deadline, which is November 20, 2020.

If you opt out, you will not be eligible for any benefits under the Settlement (other than the Recall Remedy), and you will not be able to object to the Settlement.

Opt-Out Forms must be sent to the following address:

Honda Administrator

c/o Epiq Class Action Services Canada Inc.

P.O. Box 507 STN B

Ottawa, ON K1P 5P6

IMPORTANT DATES:

Objection Deadline: October 21, 2020

Opt-Out Deadline: November 20, 2020

Ontario Settlement Approval Hearing: December 22, 2020

Quebec Settlement Approval Hearing: TBD

UPDATE: November 18, 2019

We are pleased to announce that the class action lawsuits relating to Toyota, Mazda and Subaru vehicles are in the process of being settled, subject to Court approvals.

Please click on the links below to see the “Long-Form Notices” for more details on the Settlement Benefits and Next Steps:

Toyota
Mazda
Subaru

The Settlement Approval hearings are scheduled to be heard: (a) in Ontario, on February 11, 2020 and (b) in Quebec, on February 17, 2020.

SETTLEMENT SUMMARY:

If the Settlement Agreements are approved at these hearings, owners/lessees of Subject Vehicles will be eligible for the following benefits:

• Reimbursements for certain out-of-pocket expenses incurred related to a Takata airbag recall repair of a Subject Vehicle – for a list of Subject Vehicles, visit www.autoairbagsettlement.ca;
• An Outreach Program to maximize completion of the recall remedy, and/or
• A Customer Support Program to help with repairs associated with affected Takata airbag inflators and their replacements.

Click below to view a copies of the Toyota, Mazda and Subaru Settlement Agreements:

Toyota
Mazda
Subaru

NEXT STEPS and OPTIONS:

1. Participate/Make a Claim

If you wish to take part in the Settlement, if approved, you will need to complete a Claim Form.

To obtain a complete copy of the statement of claim, the Settlement Agreement, a Claim Form, or other documents, visit www.autoairbagsettlement.ca. You may submit a Claim Form online. To obtain a paper copy of any of the documents other than through the website, please contact the Settlement Notice and Claims Administrator:

Toyota/Subaru/Mazda Settlement Notice Administrator
c/o Epiq Class Action Services
Suite 3-505, 133 Weber St N
Waterloo ON N2J 3G9

Tel (toll free): 1-833-430-7539
Fax: 1-888-842-1332

Toyota Email: ToyotaInfo@autoairbagsettlement.ca
Subaru Email: SubaruInfo@autoairbagsettlement.ca
Mazda Email: MazdaInfo@autoairbagsettlement.ca
Website: www.autoairbagsettlement.ca

To register to receive additional information on the Outreach Program, please submit your information by calling Stericycle at:

1-888-570-1675 (toll-free) for the Toyota Recall Resolution Team or 1-800-804-9867 (toll-free) for the Lexus Recall Resolution Team or by going to https://www.toyota.ca/recall or https://www.lexus.ca/recall.

1-877-643-8442 (toll-free) for the Subaru Recall Resolution Team or 1-877-643-8404 (toll-free) for the Saab Recall Resolution Team or by going to https://www.subaru.ca.

1-877-567-9320 (toll-free) for the Mazda Recall Resolution Team.

There will be no further notice from the Settlement Notice and Claims Administrator about this settlement, unless the settlement is not approved.

2. “Opt-Out”

If you wish to exclude yourself from the Settlement, should it be approved, in order to pursue your own remedy, you must “Opt-Out” no later than January 17, 2020.

You can opt out by sending a written request to opt out to the Settlement Administrator.

If you opt out you will not be eligible to receive any compensation or benefits from the settlement or the class action. However, you will be able to start or continue your own case against the defendant regarding the claims at issue in the action. However, applicable limitation periods or prescription delays will resume running against you. You should therefore consult with an independent lawyer at your cost if you wish to pursue your own claim.
If you do nothing, and so do not opt out you will be eligible to receive compensation or benefits from the class action, but you will not be able to start or continue your own case against the defendant regarding the claims at issue in the class action.

This is your only chance to exclude yourself or opt out of this class action. No further right to opt out will be provided.

To properly and timely opt out of the class action, a written request to opt out must be postmarked no later than January 17, 2020. Residents of Quebec must also send a copy of their request to opt out to the Clerk of the Superior Court of Quebec, postmarked by January 17, 2020.

3. Object

If you want to participate in the Settlement, if approved, but wish to make your Objections regarding the Settlement(s) known to the Courts for their consideration at the approval hearings, you must submit your Objection by February 3, 2020, as follows:

The written submissions must state the nature of any comments or objections, and whether you intend to appear at the settlement approval hearing(s). The written submission of any Class Member must include: (a) a heading which refers to the Actions; (b) the commenter’s full name, telephone number, email address (if any), and address (the commenter’s actual residential address must be included); (c) if represented by counsel, the full name, telephone number, and address of all counsel; (d) all of the reasons for his or her comments; (e) whether the commenter intends to appear at the Approval Hearing(s) on his or her own behalf or through counsel; (f) a statement that the commenter is a Class Member, including the make, model, year, and VIN(s) of the Subject Vehicle(s); and (g) the commenter’s dated, handwritten signature (an electronic signature or lawyer’s signature are not sufficient). Any documents supporting the comments must be attached to the written submission. If any testimony is proposed to be given in support of the comment at the Approval Hearing(s), the names of all persons who will testify must be set forth in written submission.

You may (but do not need to) attend the hearings. If you wish to attend the hearings, please contact Class Counsel for additional details.

You must submit your objection by February 3, 2020, to Settlement Class Counsel, Toyota/Mazda/Subaru Counsel, as applicable, and either the Ontario Superior Court or the Superior Court of Quebec (if you are a resident of Quebec).

Objection Submission Contact Information:

Settlement Class Counsel
McKenzie Lake Lawyers LLP
40 Fullarton Street, Suite 1800
London, ON, N6A 5P2
Attention: Sabrina Lombardi

Toyota Counsel
Stikeman Elliott LLP
5300 Commerce Court West
199 Bay Street, Toronto, ON, M5L 1B9
Attention: Samaneh Hosseini

Subaru Counsel
Dentons Canada LLP
77 King Street West, Suite 400
TD Centre Toronto, ON M5K 0A1
Attention: Douglas Stewart

Mazda Counsel
Stikeman Elliott LLP
5300 Commerce Court West
199 Bay Street, Toronto, ON, M5L 1B9
Attention: Alexander DeParde

Courts

Ontario Superior Court of Justice
361 University Avenue, Toronto, ON, M5G 1T3
Attention: Justice Perell, c/o Alessia Bria

if you are a resident of Quebec, the
Superior Court of Quebec at Palais de Justice
1 Notre-Dame St. E. Montreal, Quebec, H2Y 1B6

IMPORTANT DATES:

Opt-Out Deadline – January 17, 2020

Objection Deadline – February 3, 2020

Ontario Settlement Approval Hearing – February 11, 2020

Quebec Settlement Approval Hearing – February 17, 2020

McKenzie Lake together with Sutts Strosberg LLP are pursuing five class actions against Takata and several vehicle manufacturers on behalf of all Canadians affected by the defective Takata airbags.

The automakers affected by these recalls are Honda, Toyota, Chrysler, Nissan, GM (Pontiac), Ford, Mazda, Subaru and BMW.

These class actions concern the life-threatening and dangerous airbag inflator that was negligently designed and manufactured by Takata and installed in various vehicles. There have been media reports of over 100 injuries and at least 6 fatalities associated with these defective airbags worldwide.

The lawsuits allege that Takata, along with various automakers, knew of safety defects in the airbag inflators that could cause serious personal injuries to passengers long before the recalls but failed to disclose that information in a timely manner.

The lawsuits seek answers and compensation for consumers. Owners of the affected vehicles and the public have a right to why Takata and the automakers concealed information of these defects and risked the lives, safety and well-being of so many for so long. Takata and the auto makers also need to account to their customers for the financial losses caused by these defects and recalls – such as for the loss in value of the affected vehicles.

The below listed vehicles are those listed with Transport Canada as potentially being affected, as of May 20, 2015. Takata recently expanded the list of vehicles recalled in the United States. This list will be updated when/if further Canadian vehicles are included:

Vehicle Type

Statement of Claims:

Nissan Statement of Claim issued April 10

Industry statement of Claim issued April 10

Chrysler statement of Claim issued May 21

Issued Toyota Statement of Claim

Issued Honda Statement of Claim

Amended Nissan Statement of Claim issued March 29, 2016

Amended Industry Statement of Claim issued March 31, 2016

Amended Chrysler Statement of Claim issued March 31, 2016

Amended Toyota Statement of Claim issued March 31, 2016

Amended Honda Statement of Claim issued March 31, 2016

Please visit the webpage from time to time for updates on the status of these class action lawsuits.

In the News:

London Free Press May 21, 2015